ISHWAR DAYAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Upon joint request of the parties, this matter was taken up for final hearing on 23.5.2007 at the admission stage itself in view of the involvement of a sum of the amount of Rs. 25,000/- only, by way of 50% of the back wages in respect of the writ petitioner, a Class IV servant of the Union of India, working in the Postal Department. Therefore, today, the judgment is being pronounced.

(2.) In this writ application under Article 226 of the Constitution of India, the only question which is urged is that though by the impugned judgment of the Central Administrative Tribunal, Patna Bench, Patna ("Tribunal"), dated 23.11.2004, passed in O.A. No. 29 of 2003, on reinstatement, the petitioner has been treated as on duty for all purposes including back wages for the period from 18.11.2002 to 14.6.2004 but, the Tribunal has restricted the payment of back wages to the extent of 50% only, due and payable to the petitioner. Therefore, the main grievance voiced in this petition is only with regard to legality and validity of that part of the impugned order of the Tribunal.

(3.) Before the Tribunal, the writ petitioner raised a question by filing an application under Section 19 of the Administrative Tribunal Act, 1985, against the order dated 18.11.2002 of the respondent - authority.